Gomillion v. Lingold

CODY, Justice.

This is a plea of privilege case. It involves this question: Whether, after a defendant has filed his plea of privilege, to which the cause of action pled in plaintiff’s original petition is vulnerable, is it competent for the plaintiff to amend his petition so as to abandon his original cause of action, and, in lieu thereof, allege a new cause of action based upon the same transaction, which new cause of action is not vulnerable to any plea of privilege which the defendant can successfully assert?

The cause of action pled by plaintiff against defendants in his original petition…